Rajasthan High Court - Jodhpur
Rajesh Nain vs State (Medical & Health ) & Ors on 4 May, 2012
Author: Govind Mathur
Bench: Govind Mathur
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S.B.CIVIL WRIT PETITION NO. 9218/2011
Rajesn Nain & Anr. Vs. State of Rajasthan & Ors.
Date of Order :: 04.5.2012
HON'BLE MR. JUSTICE GOVIND MATHUR
Mr. Vishwajeet Joshi, for the petitioner/s. Mr. Yeshpal Khillari, Dy. G.A. Learned counsel for the parties submits that similar petitions for writ as instant one have already been disposed of by this Court in batch of writ petitions decided on 13.4.2012 led by SBCWP No.138/2011 (Masarrat Miyan Vs. State of Rajasthan & Ors.
It is specifically pointed out by learned counsel for the petitioners and also by learned counsel for the respondents that the only difference in the instant matter is relating to the posts held by the petitioner. The petitioners are holding post of Patient Counselor/Peon so far as other merits are concerned, those are similar to the case decided by this Court in SBCWP No. 138/2011.
This petition for writ is disposed of with following observations and directions:
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(i) The petitioners have been engaged in RHSDP and continued till 31st September, 2011 thus discontinuance with the closure of project cannot be held to be illegal.
(ii) If the Health Managers engaged under RHSDP are continued despite of denial of budget vide Annex. II to the reply then respondents are directed to take proper view in the case of petitioners so as to give them similar treatment. In case, Health Managers are not continued at DH Level then aforesaid exercise can be ignored.
(iii) It is further directed that in future if service for Patient Counselor/Peon is required, petitioners would be given preference looking to his experience.
(iv) If any of the petitioners continued either by way of interim order or otherwise by the respondents, then it goes without saying that they would be paid salary/remuneration for the period they were allowed to serve as Patient Counselor/Peon.
(GOVIND MATHUR), J.
ns.